Court losing patience with baseless lawsuits

Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Halting internal probe pending EEOC action isn't retaliation

Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

Beware rewarding employees who testify on your behalf

Rewarding employee who testified on your behalf can lead to retaliation suit

Short-circuit desperate employee's lawsuit by tracking every step of disciplinary process

Tracking an employee's discipline process from beginning to end can can head of retaliation claim

OSHA sues demolition firm for whistleblower retaliation

Regional Environmental Demolition in Niagara Falls faces a federal lawsuit alleging retaliation against a worker who reported a workplace hazard.

Little slights, actions add up to retaliation

When an employee complains that a supervisor is behaving in a discriminatory way, employers must ensure there is no retaliation. Even small things can lead to a big problem.

Warn bosses: No retaliation against whistleblowers who report wrongdoing

Remind supervisors that retaliating against workers who report alleged criminal or other illegal activity may violate the California Labor Code.

Whistleblower? Not without whistleblowing

Energy workers are protected from retaliation for reporting safety problems if their workplace is covered by the federal Energy Reorganization Act.

Sometimes, employee gets 2 shots at lawsuit

An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.

EEOC issues fresh guidance on anti-retaliation compliance

The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

Poor review isn't infliction of emotional distress

Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Not all government employees' free speech is protected

Public employees have limited First Amendment rights to speak out on matters of public importance. But when that speech is actually part of the employee’s job, it’s not considered “speaking out” in the Constitutional sense. It doesn’t come with job protection.

Discrimination claims rise in 2015, disability cases see biggest jump

The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2015.

6-year deadline to file whistleblower suit

The Minnesota Supreme Court has ruled that a whistleblower who reports alleged violations of the law has a full six years to file a lawsuit. The more common two-year limitation does not apply.

New EEOC guidance would redefine retaliation


The EEOC has issued a proposed revision to its guidance on workplace retaliation—the first since 1998—that could radically change how enforcement authorities and courts define retaliation and its causes.

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